The complainant appealed a decision that she had not been constructively dismissed. She had been told off in public, causing her great distress. The tribunal had found the employer’s behaviour regrettable but not such as to break the duty of trust and confidence. It was argued that any breach of that duty must go to the root of the contract. The question is whether, objectively speaking, the employer has conducted itself in a manner likely to destroy or seriously damage the relationship of confidence and trust between the employer and employee. The tribunal erred in finding a breach of that duty, but at a level below that at which resignation was justified. The matter was remitted for a rehearing.
EAT Unfair Dismissal – Reason for Dismissal
EAT Unfair Dismissal – Reason for dismissal including substantial other reason.
Judges:
Ms Recorder Cox QC
Citations:
EAT/0275/00, [2002] IRLR 9, [2000] UKEAT 275 – 00 – 1206
Links:
Citing:
Cited – Courtaulds Northern Textiles Ltd v Andrew EAT 1979
There is implied into a contract of employment a term that the employers will not, without reasonable and proper cause, conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust . .
Considered – Woods v W M Car Services (Peterborough) Ltd EAT 1981
An employer will be guilty of a breach which entitles an employee to resign and claim constructive dismissal if the employer behaves in such a way as to destroy the relationship of trust and confidence. An employer shall not ‘without reasonable and . .
Cited – Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International HL 12-Jun-1997
Allowance of Stigma Damages
The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination.
Held: It is an implied term of any contract of employment that . .
Cited – Johnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
Cited by:
See Also – Morrow v Safeway Stores Plc EAT 21-Sep-2001
The claimant appealed against dismissal of her claim of unfair constructive dismissal. She complained of having been publicly told off. The court considered whether this amounted to a breach of a fundamental term of her contract entitling her to . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 June 2022; Ref: scu.171917